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COLONIAL TRUST CO. v. KRAEMER

Civil Actions Nos. 1257, 1258.

63 F.Supp. 866 (1945)

COLONIAL TRUST CO. v. KRAEMER, Collector of Internal Revenue (two cases).

District Court, D. Connecticut.

December 26, 1945.

Attorney(s) appearing for the Case

Spencer, Ordway & Wierum, of New York City, and Cummings & Lockwood, of Stamford, Conn. (Otto C. Wierum and John A. McManus, both of New York City, and Raymond E. Hackett, of Stamford, Conn., of counsel), for plaintiff.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe and Frederic G. Rita, Sp. Assts. to Atty. Gen., and Robert P. Butler, U. S. Atty., and Edward J. Lonergan, Asst. U. S. Atty., both of Hartford, Conn., for defendant.

HINCKS, District Judge.

These are actions brought under 28 U.S. C.A. § 41(5), to recover estate taxes which the plaintiff claims were erroneously and illegally assessed against the estates of Gertrude B. Whittemore and Justine B. Whittemore and paid under protest by the plaintiff as executor of those estates. Claims for refunds were rejected by the Commissioner of Internal Revenue. It was agreed that the two cases should be tried together, and a separate judgment...

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